GOA FOUNDATION Vs. STATE OF GOA

JUDGEMENT

(1.) THE petitioner No. 1 is a society registered under the Societies Registration Act with the objects amongst others to take appropriate action to halt the ecological degradation of the environment and to formulate and implement programmes for the rehabilitation and development of the Goan environment and to restore ecological balance. All its members are nationals and citizens of India. It is also contended that as citizens of India they have fundamental duty as enshrined under Article 51 (g) to protect and improve the natural environment including forests, lakes, river and wild life and to have compassion for living creatures.

(2.) BY the present petition, the petitioners have challenged an order of respondent No. 1 approving demarcation of High Tide Line that is not in cossonance with the CRZ Notification dated 19-2-1991 as amended on 16-8-94 issued under the Environment Protection Act, 1986. The said order is dated 26-7-94. By the said order, a copy of which is placed on file, the Chief Town Planner was informed by the Under Secretary (Revenue) by letter dated 26th July, 1994, that the Government had accepted the High Tide Line as demarcated by the Surveyor General of India. The petitioners contend that for several years the respondents have been following the HTL demarcation which is the same as that under the Coastal Regulation Zone notification issued in February, 1991 as amended on August 16,1994. Certain resort developers who have raised constructions within the 200 metres zone had sought to raise a dispute about the demarcation of the HTL in an attempt to regularize their illegal constructions. The respondent No. 1 without consulting the respondent No. 4, attempted to fix the HTL for the State of Goa through agency of the Surveyor General of India. The Surveyor General of India has attempted to demarcate an HTL for approximately 27 kms of Goa State, from Velsao to Cavelossim beach stretch in South Goa. The Government of Goa has thereafter dispensed with the services of the Surveyor General of India on the ground of cost. The stretch from Velsao to Cavelossim is the stretch in which the largest number of violations of 200 metres zone has taken place at the hands of the developers. Petitions are pending in this Court. The HTL drawn for the aforesaid stretch is at variance with the HTL demarcation required under the CRZ Notification. The notification as amended in 1994 defines the HTL as "the line on the land upto which the highest water line reaches during the spring tide and has to be demarcated uniformly in all parts of the country". The Surveyor General, it is contended, has demarcated an average between high and low tides. The result in that there are now two HTL lines for different areas of Goa, only one of which meets the provisions of the CRZ notification. The anomaly has become apparent to the respondent No. 1 and 2. Inspite of that the respondent No. 1, by an order dated 26-7-94 has accepted the HTL as drawn by the Surveyor General for 27 kms stretch from Velsao to Calvelossim. At its 5th meeting held on 1-9-94 the respondent No. 2 has decided to follow the HTL as required by the notification in the rest of Goa (excluding Velsao-Cavelossim ). From Velsao-Cavelossim the decision is to follow the demarcation done by the Surveyor General. The HTL drawn by the Surveyor General is on average 40-60 metres closer to the sea. Developers have the advantage of constructing resorts closer to the sea and the sand dunes in the 27 kms stretch on account of this. In other areas of the State and in the rest of the country the HTL notified in the CRZ notification is being followed as the basis for sanctioning projects.

(3.) IT is contended by the petitioners that respondents No. 1 to 3 have no authority under the Environment Protection Act, 1986 or the Rules issued thereunder, to permit them to approve projects on the basis of two HTLs in the same State. The State Government has no authority either to approve or to demarcate the HTL. The power under the CRZ notification is available only to the demarcating authority to be appointed by the Central Government and it is not the Surveyor General of India. The respondent has only the power to prepare the CRZMP, but this must be in terms of the requirements of the statute itself. It is contended that the 30 kms stretch from Velsao to Cavelossim is one of natures wonders in terms of its priceless ecological assets. The entire stretch is covered with trees and natural dune vegetation and dominated by a large number of sand dunes which are also protected under the notification. The movement of development and constructions with 40-60 metres closer to the sea would have serious and adverse ecological impacts on the costal ecology. In September, 1994, an Expert Committee was formed by the respondent No. 4 to investigate violations of CRZ notification in Goa State. The report was filed before the Apex Court. A part of the reports reads as under :-